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159.051 Loss of license or permit by student for dropping out of school or for academic deficiency.

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Page 1 of 2 159.051 Loss of license or permit by student for dropping out of school or for academic deficiency. (1) When a student age sixteen (16) or seventeen (17) drops out of school or is declared to be academically deficient, the school administrator or his designee shall notify <br>the superintendent of schools of the district in which the student is a resident or is <br>enrolled. The reports shall be made at the end of each semester but may be made <br>earlier in the semester for accumulated absences. A student shall be deemed to have <br>dropped out of school when he has nine (9) or more unexcused absences in the <br>preceding semester. Any absences due to suspension shall be unexcused absences. <br>A student shall be deemed to be academically deficient when he has not received <br>passing grades in at least four (4) courses, or the equivalent of four (4) courses, in <br>the preceding semester. The local school board shall adopt a policy to reflect a <br>similar standard for academic deficiency for students in alternative, special <br>education, or part-time programs. (2) Within ten (10) days after receiving the notification, the superintendent shall report the student's name and Social Security number to the Transportation Cabinet. As <br>soon as possible thereafter, the cabinet shall notify the student that his operator's <br>license, intermediate license, permit, or privilege to operate a motor vehicle has <br>been revoked or denied and shall inform the student of his right to a hearing before <br>the District Court of appropriate venue to show cause as to the reasons his license, <br>permit, or privilege should be reinstated. Within fifteen (15) days after this notice is <br>sent, the custodial parent, legal guardian, or next friend of the student may request <br>an ex parte hearing before the District Court. The student shall not be charged <br>District Court filing fees. The notification shall inform the student that he is not <br>required to have legal counsel. (3) In order for the student to have his license reinstated, the court shall be satisfied that: <br>(a) The license is needed to meet family obligations or family economic considerations which, if unsatisfied, would create an undue hardship; or (b) The student is the only licensed driver in the household; or <br>(c) The student is not considered a dropout or academically deficient pursuant to this section. If the student satisfies the court, the court shall notify the cabinet to reinstate the <br>student's license at no cost. The student, if aggrieved by a decision of the court <br>issued pursuant to this section, may appeal the decision within thirty (30) days to <br>the Circuit Court of appropriate venue. A student who is being schooled at home <br>shall be considered to be enrolled in school. (4) A student who has had his license revoked under the provisions of this section may reapply for his driver's license as early as the end of the semester during which he <br>enrolls in school and successfully completes the educational requirements. A <br>student may also reapply for his driver's license at the end of a summer school <br>semester which results in the student having passed at least four (4) courses, or the <br>equivalent of four (4) courses, during the successive spring and summer semesters, Page 2 of 2 and the courses meet the educational requirements for graduation. He shall provide <br>proof issued by his school within the preceding sixty (60) days that he is enrolled <br>and is not academically deficient. Effective: June 26, 2007 <br>History: Amended 2007 Ky. Acts ch. 36, sec. 1, effective June 26, 2007. -- Amended 1994 Ky. Acts ch. 503, sec. 1, effective July 15, 1994. -- Created 1990 Ky. Acts <br>ch. 234, sec. 1, effective July 13, 1990. Legislative Research Commission Note (6/26/2007). Under the authority of KRS 7.136(1), the Reviser of Statutes in codification has changed the internal numbering <br>system of subsection (3) of this statute. The words in the text were not changed.